Section 15.28 Voluntary Intoxication

• Library: Criminal Practice 2012 Supp

2. (§15.28) Voluntary Intoxication

Voluntary intoxication is no defense to a criminal charge. State v. McGreevey, 832 S.W.2d 929 (Mo. App. W.D. 1992); State v. Elam,
779 S.W.2d 716 (Mo. App. E.D. 1989).

The Supreme Court, in State v. Erwin, 848 S.W.2d 476 (Mo. banc 1993) (an excellent reading of the history of Missouri law), held that a jury may not consider voluntary intoxication on the issue of a defendant’s mental state.

The voluntary taking of methamphetamines by the defendant could not form the basis...